JEAN L. CORIOLAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court committed fundamental error by giving a standard jury instruction on attempted manslaughter by act when the defendant was convicted of attempted second degree murder.
The defendant was convicted of attempted second degree murder with a firearm. This court initially affirmed the conviction, relying on a prior case. T…
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ON REMAND FROM THE SUPREME COURT OF FLORIDA
The defendant appealed from a conviction and sentence for attempted second degree murder with a firearm as a lesser included offense of attempted first degree murder with a firearm. This court affirmed. Coriolan v. State, 77 So.3d 840, 840 (Fla. 4th DCA 2012). Our affirmance was based on our opinion in Williams v. State, 40 So.3d 72 (Fla. 4th DCA 2010) (“Williams I ”). Williams I held that the giving of the standard jury instruction on attempted voluntary manslaughter was not fundamental error in a prosecution for attempted first degree murder in which the defendant was convicted of the lesser included offense of attempted second degree murder. Id. at 73.
The defendant petitioned for review in the Florida Supreme Court. While the petition was pending, the Florida Supreme Court quashed this court’s opinion in Williams I. Williams v. State, 123 So.3d 23, 30 (Fla.2013) (“Williams II”). The Court held:
[A] trial court commits fundamental error in giving the standard jury instruction on attempted manslaughter by act where the defendant is convicted of a crime no more than one step removed from the improperly instructed offense.
Id. at 27. The Court then, by order, accepted jurisdiction of this case, quashed this court’s opinion in this case, and remanded for reconsideration upon applica*1081tion of its opinion in Williams II. Coriol-an v. State, 134 So.3d 446 (Fla. Jan. 2014).
In light of Williams II, we hold that the trial court committed fundamental error in giving the standard jury instruction on attempted manslaughter by act. We reverse and remand for a new trial on the charge of attempted second degree murder with a firearm.
Reversed and remanded for proceedings consistent with this opinion.
CIKLIN, GERBER and CONNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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Quinten Walden v. State, 162 So. 3d 84 (Fla. 4th DCA 2014)…. 4th DCA 2014); Fenster v. State, 141 So. 3d 232 (Fla. 4th DCA 2014); Lopez v. State, 138 So. 3d 488 (Fla. 4th DCA 2014); Davis v. State, 138 So. 3d 489 (Fla. 4th DCA 2014); Sessions v. State, 137 So. 3d 1167 (Fla. 4th DCA 2014); Coriolan v. State, 137 So. 3d 1080 (Fla. 4th DCA 2014); Cunningham v. State, 162 So. 3d 1, 2014 WL 714714, 39 Fla. L. Weekly D451 (Fla. 4th DCA Feb. 26, 2014); Cox v. State, 132 So. 3d 956 (Fla. 4th DCA 2014); Morgan v. State, 132 So. 3d 930 (Fla. 4th DCA 2014); Williams v. State, 12…
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Gibson v. State, 152 So. 3d 696 (Fla. 4th DCA 2014)…. 4th DCA 2014); Fenster v. State, 141 So. 3d 232 (Fla. 4th DCA 2014); Lopez v. State, 138 So. 3d 488 (Fla. 4th DCA 2014); Davis v. State, 138 So. 3d 489 (Fla. 4th DCA 2014); Sessions v. State, 137 So. 3d 1167 (Fla. 4th DCA 2014); Coriolan v. State, 137 So. 3d 1080 (Fla. 4th DCA 2014); Cunningham v. State, -So. 3d-, 2014 WL 714714, 39 Fla. L. Weekly D451 (Fla. 4th DCA Feb. 26, 2014); Cox v. State, 132 So. 3d 956 (Fla. 4th DCA 2014); Morgan v. State, 132 So. 3d 930 (Fla. 4th DCA 2014).…
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Ednere Francois v. State, 151 So. 3d 496 (Fla. 4th DCA 2014)…. 4th DCA 2014); Fenster v. State, 141 So. 3d 232 (Fla. 4th DCA 2014); Lopez v. State, 138 So. 3d 488 (Fla. 4th DCA 2014); Davis v. State, 138 So. 3d 489 (Fla. 4th DCA 2014); Sessions v. State, 137 So. 3d 1167 (Fla. 4th DCA 2014); Coriolan v. State, 137 So. 3d 1080 (Fla. 4th DCA 2014); Cunningham v. State, - So. 3d -, 2014 WL 714714, 39 Fla. L. Weekly D451 (Fla. 4th DCA Feb. 26, 2014); Cox v. State, 132 So. 3d 956 (Fla. 4th DCA 2014); Morgan v. State, 132 So. 3d 930 (Fla. 4th DCA 2014); Williams v. State, 121…
Authorities Cited
- Amos Augustus Williams v. State, 40 So. 3d 72 (Fla. 4th DCA 2010)
- Amos Augustus Williams v. State, 123 So. 3d 23 (Fla. 2013)
- Lerandros Smith v. State, 77 So. 3d 840 (Fla. 4th DCA 2012)
- Coriolan v. State, 77 So. 3d 840 (Fla. 4th DCA 2012)